Terms and Conditions
The payment of a deposit indicates that the following Terms and Conditions have been read, understood and accepted by the renter.These Terms and Conditions are dated and effective 25 March 2020
Short Term Rental Agreement - Riverside Apartment
This Short Term Rental Agreement (the "Agreement") is made by and between La Vista Trust and Bella Trust Partnership ("owner") and ("renter") for the period stipulated in the confirmation.
1.1 These terms apply when the owner or authorised manager of Riverside Apartment ("the owner") agree to rent Unit 6/14 or 2/14 Norman Smith Street, Taupo ("the Apartment") to the renter. The renter agrees to rent the Apartment from the owner on the following terms and conditions (the Agreement).
1.2 Unless otherwise specified, the term "renter" includes all people that will occupy or enter the apartment during the period that the apartment is rented ("the Term").
2.1 A booking may be requested by the renter contacting the owner of the apartment seeking confirmation as to its availability and reserving dates to rent the apartment for the Term.
2.2 The owner will hold the requested booking period for 3 days after acceptance of the booking in which time the renter must pay the deposit. If the deposit is not received in that time the booking period will be made available to other renters.
3.1 The amount payable as a deposit in order to confirm a booking is non-refundable and 20% of the value of the rental period for the apartment. A deposit is in part payment of the full amount of rental that is due for renting the apartment for the Term. The deposit is payable by direct credit or bank deposit or credit card.
3.2 Confirmation of the booking will be provided to the renter once the deposit has been received by the owner ("the confirmation"). The owner may request a copy of valid photo identification (passport or driver's licence) as a condition of rental.
3.3 A confirmation may contain terms and conditions in addition to those stipulated in these Terms and Conditions.
3.4 Upon receipt of a confirmation, the renter is liable for and responsible for making payment for the balance of the rental together with the stipulated cleaning cost 21 days before the date of commencement of the Term.
3.5 If a booking request is made by the renter and accepted by the owners within 21 days of the proposed start date of the Term, no deposit will be made as full rental is payable prior to the owner providing confirmation to the renter.
4. Rental and Bond
4.1 Full payment of the rental and any required bond is payable by the renter 21 days prior to the commencement date of the Term.
4.2 If full payment of the balance as specified in the confirmation is not received 21 days before the date of commencement of the Term, the owners reserve the right to cancel the booking and rent the apartment to another renter. The deposit will not be refunded.
5. Amendments and transfers of bookings
5.1 The owner may agree to amend or transfer a booking to different Term if they receive notice in writing from the renter prior to 21 days before the Term commences. In the event that a greater deposit is required for the new Term, the renter is responsible for paying the difference to the owners before the new booking is considered to be confirmed. The transfer of bookings remains the sole discretion of the owners.
6. Cancellations and Refunds
6.1 If a published, Government-imposed restriction prevents the renter or owner from being able to complete the booking (for example, a travel or accommodation restriction related to Covid-19, or similar) the owner will refund any deposit and money paid, noting that clause 6.5 of these Terms will apply.
6.2 If a renter cancels the booking earlier than 21 days prior to the date of commencement of the Term, the deposit will be forfeited by the renter and the booking will be cancelled.
6.3 If a renter cancels the booking after 21 days prior to the date of commencement of the Term but before 7 days prior to the date of commencement the owner will refund 50% of the rental amount paid, plus cleaning fee paid.
6.4 If a renter cancels the booking within 7 days of the date of commencement of the Term, the full rental amount paid will be forfeited by the renter. The cleaning fee will be refunded to the renter.
6.5 Any bank transfer fees or credit card fees in the case of refunds will not be returned and additionally, the renter shall bear the cost of any bank transfer fees for any refunded amounts.
7.1 The renter acknowledges that he/she/they, is/are responsible to the owners and accepts liability for all breakages, destruction, costs, fines incurred or damage caused to the apartment including its contents, by the renter during the Term of the rental. The renter agrees to reimburse the owners for all such breakages, destruction, costs, fines or damage.
7.2 The renter shall be responsible for the cost of any repairs or replacement of items lost, broken or stolen during the rental Term. The renter must take all reasonable care of the apartment and the apartment complex including swimming pool facilities.
7.3 If a bond has been paid the owners shall return the bond within five working days of the property being vacated, provided the property, chattels and equipment is left in the condition as found on arrival. In addition to any damage as stipulated in clause 7.1 any extraordinary cleaning required will be deducted from the bond.
7.4 The renter acknowledges that the following hazards have been identified and made clear to them, as they can particularly affect infants or children. Falling hazards exist from balconies and in staircases. Renters must take care to ensure that infants and children do not climb on furniture as this could increase the risk of falling from balconies and down staircases. The apartment is located on the banks of a river and drowning hazards exist. In addition to this, a swimming pool is located on the site and kayaks are provided for each apartment. Adult supervision is essential at all times and care must be taken to ensure the safety of infants and children.
8. Occupation of the apartment
8.1 The renter may not allow more than six persons (plus one infant) to occupy either unit 6 or unit 2. The owner may terminate the booking if the permitted number of renters is exceeded. In this case no refund of deposit, rental fee or cleaning fee will be made.
8.2 There is strictly no smoking permitted inside the apartment. Smoking is permitted on the balcony of the apartment provided the renter ensures that all associated rubbish is removed at the end of the Term.
8.3 If the owners find that the property has not been left in a reasonable state of tidiness the owners may charge the renter for the extra time required to clean the apartment.
8.4 The renter and their guests shall not take animals or pets into the apartment or Watermark Villas property.
8.5 The renter shall take reasonable care to ensure that excessive electrical power is not consumed during during the Term of the rent. Excessive power consumption noted on the meter after the end of the rental period may be charged to the renter.
8.6 The renter shall not park boats and/or their trailers in any space within the Watermark Villas complex except within the garage provided at Unit 2 or Unit 6 (Riverside Apartment). Due care must be taken if vehicles, trailers or boats are parked in the garage space as the renter shall be responsible for any damage caused.
8.7 Renters are advised that a Property Risk Assessment Report has identified a possible climb-over hazard if children are left unsupervised on the balconies of the Watermark Villa properties. If young children are in the apartment they must be supervised at all times as the height of the barrier (balcony glass) is reduced if furniture or chairs are climbed on.
8.8 Riverside Apartment is part of the Watermark Villas residential complex, and as such, excessive noise will not be tolerated. Noise that causes disturbance or distress to other residents can result in the eviction of the Renters from the apartment.
8.9 A strict 'no party' policy is in place and gatherings in excess of the maximum occupancy (either within the apartment itself or within the boundaries of the Watermark Villas complex) that result in excessive noise (refer clause 8.8), offence or disturbance to other guests or residents will result in the eviction of the renters.
8.10 The failure of any part of an entertainment system, internet or Wifi is not grounds for the renter to claim a full or partial refund.
8.11 The shared swimming pool can occasionally be closed for professional cleaning at little or no notice to the owners. The closure or inability to access the pool is not grounds for the renter to claim a full or partial refund.
9. Arrival and departure times
9.1 Unless varied in writing by the owners, the apartment will be available for occupation from 4.00 PM on the day of arrival and must be vacated by 11.00 AM on the day of departure.
10. Additional facilities in the apartment and Watermark Villas complex
10.1 Any additional facilities are to be used at the renter or guests' sole risk.
11. Renter's chattels and personal belongings
11.1 The owner accepts no responsibility for any loss, damage or theft of the renter's personal property during the Term of the rental at the apartment.
12.1 If the renter is not satisfied with the apartment they must immediately contact the owners or the owners' representative as set out in the confirmation of the booking.
12.2 If a complaint by the renter is not satisfactorily resolved by the owners the renter may make their complaint, in writing, within 14 days of the end of the rental Term.
13.1 Should any dispute arise between the owners and the renter which cannot be mutually resolved, the matter shall be referred to an arbitrator if one can be agreed upon, or failing agreement, to the President of the Arbitrators and Mediators Institute of New Zealand.
14.1 The renter undertakes that they will not do, or omit to do, any action that would invalidate or adversely affect any insurance policy held by the owner in respect to the apartment or its contents.
15. Residential Tenancies Act 1986
15.1 The owners and the renter agree that the Term shall not exceed 120 days and this agreement is not subject to the Residential Tenancies Act 1986.
16. Force Majeure
16.1 The owner is not responsible for the non-availability or the early termination of the booking for any matter or reason which is beyond their control.
17. Amendments to the Terms and Conditions
17.1 These terms may be amended from time to time by the owner. Any amendments shall be accepted by the renter upon execution of an acknowledgement setting out the amendments. If the new terms are not acceptable to the renter then a full refund of any rental monies paid will be made and the booking cancelled.